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Flagler County, FL Public Conduct: Outdoor Smoking Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Banned products
Cigarettes, filtered cigars, pipes, vaping devices
Exempted
Unfiltered cigars
Where allowed
Only in posted, designated smoking/vapor areas
Applies to
County parks and recreation areas only
Last amended
Ord. No. 2024-05, September 16, 2024
Penalty
Up to $500 fine or 60 days jail

Summary

Flagler County bans smoking cigarettes, filtered cigars, pipes and vaping in county parks and recreation areas under Sec. 23-2(34), except in areas posted for smoking or vapor use. Unfiltered cigars are expressly excluded from the ban. The rule covers only county-operated parks in the unincorporated county, not city parks or other public property.

City-specific rules exist: Palm Coast has its own outdoor smoking restrictions rules that differ from Flagler County's county-level regulations. If you live in Palm Coast, check the city-specific page instead.

(34)Smoke cigarettes, filtered cigars, or pipes, or use any other devices to inhale smoke from burning tobacco products or to inhale vapor from vapor-generating electronic devices, unless such activities occur in an area designated for smoking or use of vapor-generating electronic device by posted signage. Provided however, this prohibition does not apply to the smoking of unfiltered cigars.

Full Breakdown

Sec. 23-2(34) of the Flagler County Code prohibits smoking "cigarettes, filtered cigars, or pipes," and separately bars using "any other devices to inhale smoke from burning tobacco products or to inhale vapor from vapor-generating electronic devices," inside any county park or recreation area, unless the activity occurs in a location the county has posted with signage designating it for smoking or vapor use. The ordinance carves out one specific exemption: smoking unfiltered cigars is not covered by the prohibition, regardless of location within the park.

The article defines its terms precisely. "Smoke" means inhaling, exhaling, burning, carrying or possessing any lighted tobacco product, including cigarettes, filtered cigars and pipe tobacco. "Vapor" means aerosolized or vaporized nicotine or other substance produced by, or exhaled from, a "vapor-generating electronic device," which the code defines broadly to include electronic cigarettes, cigars, cigarillos, pipes and any similar product using electronic, chemical or mechanical means to produce vapor or aerosol, along with replacement cartridges and refill solutions for such devices. The prohibition was most recently amended by Ord. No. 2024-05 on September 16, 2024.

Because this rule is drawn from Chapter 23, "Parks and Recreation," it applies only to property the county itself operates as a park, preserve or recreation area in unincorporated Flagler County. It does not create a general outdoor-smoking ban on county sidewalks, roads or other public property, and it has no bearing inside Palm Coast, Flagler Beach, Beverly Beach, Bunnell or Marineland, each of which would need its own ordinance to restrict smoking in its own parks.

Violations & Fines

Smoking outside a posted designated area in a county park is a civil infraction under Sec. 23-7, enforceable under Sec. 1-6 (fine up to $500, up to 60 days in jail, or both) or Chapter 9's civil citation process, or it may be prosecuted as a misdemeanor under Fla. Stat. § 125.69.

Frequently Asked Questions

Can I smoke in a Flagler County park?
Only in areas the county has posted with signage designating them for smoking or vapor use. Sec. 23-2(34) otherwise bans smoking cigarettes, filtered cigars, pipes and vaping in county parks and recreation areas, though unfiltered cigars are specifically exempted from the ban.
Is vaping treated the same as smoking in county parks?
Yes. Sec. 23-2(34) bans using any device that produces vapor from a nicotine product or other substance, defined broadly to include e-cigarettes, e-cigars and e-pipes, in the same areas where cigarette and pipe smoking is prohibited, unless the location is posted for vapor use.
Why are unfiltered cigars allowed but not filtered cigars?
The ordinance's text draws that line explicitly: Sec. 23-2(34) states the smoking prohibition "does not apply to the smoking of unfiltered cigars," while filtered cigars, cigarettes and pipes remain banned outside posted designated areas within Flagler County's parks.

Sources & Official References

Other rules in Flagler County

All Flagler County rules

Florida rules heatmap·Compare Flagler County to another location·View the Florida public conduct overview

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